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Mark Herring to challenge Virginia same-sex marriage ban

Gay nuptials supporter says “elections have consequences”

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Mark Herring, gay news, Washington Blade

Mark Herring, gay news, Washington Blade

Virginia Attorney General Mark Herring (Photo courtesy of Herring for Attorney General)

Virginia Attorney General Mark Herring on Thursday announced he will not defend the state’s same-sex marriage ban.

Herring in a statement declared the gay nuptials ban unconstitutional. He also said he will join a federal lawsuit challenging it that two same-sex couples from Norfolk and Richmond — Timothy Bostic and Tony London and Carol Schall and Mary Townley — filed last year.

“Virginia has argued on the wrong side of some of our nation’s landmark cases,” said Herring, noting the U.S. Supreme Court’s Loving v. Virginia decision that struck down interracial marriage bans and other issues. “It’s time for the commonwealth to be on the right side of history and the right side of the law.”

State Del. Scott Surovell (D-Fairfax County) welcomed Herring’s announcement.

“Elections have consequences and the U.S. Supreme Court’s Windsor decision makes clear that we must give full faith and credit to non-Virginia gay marriages,” the Fairfax County Democrat told the Washington Blade after the Post published its story. “Attorney General Herring is simply enforcing the law of the land as reflected [and] interpreted by the U.S. Supreme Court six months ago.”

Equality Virginia Executive Director James Parrish described Herring’s decision as “truly commendable.”

“This is a new day for loving gay and lesbian couples who want to marry the person they love in the state they call home,” Parrish told the Blade. “Thanks to Mark Herring, today we are one step closer to equality and fairness for LGBT Virginians.”

State Sen. Adam Ebbin (D-Alexandria) also welcomed the former Loudoun County senator’s announcement.

“We’re the birthplace of the Bill of Rights, but unfortunately also the place that outlawed interracial marriage,” Ebbin told the Blade. “Tt’s nice to be getting it right and be on the right side of history and not move backwards.”

Pat Mullins, chair of the Republican Party of Virginia, blasted Herring over his decision not to defend the commonwealth’s same-sex marriage ban.

“If Mark Herring doesn’t want to defend this case, he should resign, and let the General Assembly appoint someone who will,” said Mullins. “Mark Herring owes the people of Virginia no less.”

National Organization for Marriage President Brian Brown said state lawmakers should impeach Herring for what his organization described as a “lawless” decision.

“The attorney general swore an oath that he would ‘support… the Constitution of the commonwealth of Virginia’ and faithfully discharge his duties, which include defending duly enacted laws like the state’s marriage amendment,” said Brown. “Yet now Attorney General Herring is participating in a lawsuit against the very people he is sworn to represent, the citizens of Virginia who preserved marriage in their constitution. This malfeasance and neglect of duty is not only a disgrace, it’s an impeachable offense under the constitution.”

House Speaker Bill Howell (R-Stafford County) is among those who also sharply criticized Herring.

“What we really have here is a breakdown of the rule of law,” said state Sen. Dick Black (R-Loudoun County) during an interview with Bruce DePuyt of News Channel 8.

The announcement comes less than two weeks after Herring took office alongside Gov. Terry McAuliffe and Lieutenant Gov. Ralph Northam.

Former Attorney General Ken Cuccinelli, who ran against McAuliffe, vehemently opposed marriage rights for same-sex couples in the commonwealth. The former GOP gubernatorial candidate wrote in a non-binding opinion to state Del. Bob Marshall (R-Prince William County) one day before leaving office that a governor may not require any state government agency to allow gays and lesbians to receive “joint marital status” for state income tax returns.

Herring in 2006 voted against marriage rights for same-sex couples while in the state Senate. Virginia voters the same year approved a state constitutional amendment banning gay nuptials by a 57-43 percent margin.

State Del. Mark Cole (R-Fredericksburg), chair of the Virginia House of Delegates Privileges and Elections Committee, earlier this month announced it will not consider any proposed resolutions that sought to repeal the marriage amendment during the 2014 legislative session.

The House Civil Law Subcommittee on Monday narrowly struck down Surovell’s bill that would have repealed the commonwealth’s statutory same-sex marriage ban.

State Del. Rob Krupicka (D-Alexandria) earlier this month introduced a proposed resolution that sought to amend the state constitution to allow same-sex marriage in Virginia. The Alexandria Democrat’s proposal would have also allowed the commonwealth to recognize gay nuptials legally performed in neighboring D.C. and Maryland and other jurisdictions.

Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia in Norfolk is scheduled to hold a hearing in the Bostic case on Jan. 30. The American Civil Liberties Union, Lambda Legal and the ACLU of Virginia in August filed a class action federal lawsuit on behalf of two lesbian couples who are seeking marriage rights in the state.

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District of Columbia

Activist hosts Diwali celebration in D.C.

More than 120 people attended Joshua Patel’s party on Nov. 9.

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Joshua Patel hosted a Diwali celebration at the Speakeasy at Capo Deli on Florida Avenue, N.W., on Nov. 9, 2025. (Photo courtesy of Josh Patel)

LGBTQ activist and businessman Joshua Patel hosted a community Diwali party on Nov. 9.

Patel organized the event as a community gathering amid the Trump-Vance administration’s policies against LGBTQ inclusion and DEI. The event, held at the Capo Deli speakeasy, drew more than 120 attendees, including local business leaders.

Patel is a franchise owner of ProMD Health, recently awarded as the best med spa by the Washington Blade. He is also a major gift officer at Lambda Legal.

Patel noted that upon moving from New York to Washington in 2022, he desired a chance for community-based Diwali celebrations. He stated that the city offered minimal chances for gatherings beyond religious institutions, unless one was invited to the White House’s Diwali party. 

“With our current administration, that gathering too has ended — where we cannot expect more than Kash Patel and President Trump lighting a ‘diya’ candle on Instagram while simultaneously cutting DEIB funding,” Patel said.

In addition to celebrating the festival of lights and good over evil, Patel saw the event as a moment to showcase “rich, vibrant culture” and “express gratitude.”

Patel coined the celebration a “unifier.”

“From a spiritual angle, Shiva was the world’s first transgender God, taking the form of both “male” and “female” incarnations,” Patel said. “The symbolism of our faith and concepts are universal and allows for all to rejoice in the festivities as much or little as they desire.”

Savor Soiree, DMV Mini Snacks and Capo Deli catered the event. DJ Kush spun music and Elisaz Events decorated the Diwali celebration.

The Diwali party also featured performances by former Miss Maryland Heather Young Schleicher, actor Hariqbal Basi, Patel himself and Salatin Tavakoly and Haseeb Ahsan.

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Maryland

Harford school board appeals state’s book ban decision to circuit court

5-2 ruling in response to ‘Flamer’ directive

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The book “Flamer” is by Mike Curato, who wrote about his experience being bullied as a kid for being gay. (Photo by Kristen Griffith for the Baltimore Banner)

By KRISTEN GRIFFITH | Marking a historic moment in Maryland’s debate over school library censorship, Harford County’s school board voted Thursday to appeal the state’s unprecedented decision overturning its ban of a young adult graphic novel, pushing the dispute into circuit court.

The 5-2 vote followed a recent ruling from the state board overturning Harford’s ban of the book “Flamer.” In a special meeting Thursday afternoon, board members weighed whether to seek reconsideration or take the matter to circuit court — ultimately opting to appeal.

The book “Flamer” is by Mike Curato, who wrote about his experience being bullied as a kid for being gay.

The rest of this article can be found on the Baltimore Banner’s website.

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Maryland

Salisbury, Md. rainbow crosswalk removed on Veterans Day

Mayor’s order denounced by LGBTQ activists as act of bigotry

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Salisbury Mayor Randy Taylor ordered the removal of the rainbow crosswalk. (Screen capture via PAC 14/YouTube)

Under the directive of its mayor and over strong objections from LGBTQ rights advocates and their supporters, the city of Salisbury, Md. on Nov. 11 removed a rainbow crosswalk from a prominent intersection across from the mayor’s office and the city’s public library. 

Salisbury LGBTQ rights advocate Mark DeLancey, who witnessed the crosswalk removal, said instead of painting over it as other cities have done in removing rainbow crosswalks, a powerful grinding machine was used to rip apart the asphalt pavement under the crosswalk in what he believes was an effort by the mayor to “make a point.”

Like officials in other locations that have removed rainbow crosswalks, Salisbury Mayor Randy Taylor said the crosswalk removal was required under U.S. Department of Transportation regulations put in place by the Trump administration that do not allow “political” messages on streets and roadways.

“Since taking office, I’ve been transparent about my concerns regarding the Pride crosswalks installed in Downtown Salisbury,” Taylor said in a statement. “While I have made every effort to respect the decisions of previous administrations and the folks that supported them, it has become clear that a course of correction – as planned – is necessary to align with current Department of Transportation standards for roadway markings,” he said in his Nov. 7 statement that was posted on the city’s Facebook page.

DeLancey is among the activists and local public officials in many cities and states that dispute that the federal Department of Transportation has legal authority to ban the Pride crosswalks. D.C. and the Northern Virginia jurisdictions of Arlington and Alexandria are among the localities that have refused to remove rainbow crosswalks from their streets.

“He decided to take this on himself,” DeLancey said of Taylor’s action. “It’s not a law. It’s not a ruling of any kind. He just said that was something that should happen.”

DeLancey points out that Salisbury became the first jurisdiction in Maryland to install a  rainbow crosswalk on a public street in September 2018.

“This is another blatant attempt by our Republican mayor to remove any references to groups that don’t fit with his agenda,” Salisbury LGBTQ advocate Megan Pomeroy told the local publication Watershed Observer. “The rainbow crosswalk represents acceptance for everyone. It tells them, ‘You matter. You are valued. You are welcome here,’” she was quoted as saying.

The publication Delmarva Now reports that a longtime Salisbury straight ally to the LGBTQ community named K.T. Tuminello staged a one-person protest on Nov. 10 by sitting on the sidewalk next to the rainbow crosswalk holding a sign opposing its removal.

“Tuminello said Nov. 10 he had been at the embattled crosswalk since 12 a.m. that morning, and only three things could make him leave: ‘I get arrested, I have to get into an ambulance because of my medical difficulties, or Randy Taylor says you can keep that one rainbow crosswalk,’” the Delaware Now article states.

DeLancey said he has known Tuminello for many years as an LGBTQ ally and saw him on the night he staged his sit-in at the site of the crosswalk. 

“I actually went to him last night trying to give him some water,” DeLancey told the Washington Blade. “He was on a hunger strike as well. He was there for a total of 40 hours on strike, not eating, no sleeping in the freezing cold” 

Added DeLancey, “He has been supporting our community for decades. And he is a very strong ally, and we love his contribution very much.”

Political observers have pointed out that Salisbury for many years has been a progressive small city surrounded by some of Maryland’s more conservative areas with mostly progressive elected officials.

They point out that Taylor, a Trump supporter, won election as mayor in November 2023 with 36.6 percent of the vote. Two progressive candidates split the vote among themselves, receiving a combined total of 70.8 percent of the vote.  

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